DENVER – The former graduate student accused in the deadly Colorado movie theater shooting was being treated by a psychiatrist at the university where he studied, according to court papers filed Friday.
Defense attorneys for James Holmes, 24, made the disclosure in a court motion. It sought to discover the source of leaks to some media outlets that Holmes sent the psychiatrist a package containing a notebook with descriptions of an attack.
The motion said the leak violated a judges gag order and jeopardized Holmes right to a fair trial.
The governments disclosure of this confidential and privileged information has placed Mr. Holmes constitutional rights to due process and a fair trial by an impartial jury in serious jeopardy, the attorneys wrote.
The motion added that the package contained communications between Holmes and his psychiatrist that should be shielded from public view. The document describes Holmes as a psychiatric patient of Dr. Lynne Fenton.
The package was seized by authorities Monday after it was discovered in the mailroom at the University of Colorado, Denver. Its unclear if it was sent before the attack at the July 20 midnight showing of The Dark Knight Rises that left 12 dead and dozens of others injured.
Authorities said Holmes legally bought four guns before the attack at Denver-area sporting goods stores – a semiautomatic rifle, a shotgun and two pistols. To buy the guns, Holmes had to pass background checks that can take as little as 20 minutes in Colorado.
State law bars the purchase of firearms by people who have been found mentally defective by a judge or have been committed to a mental institution. The statute makes no restrictions on buyers who are being treated for possible mental illness.
Holmes spent a year as a graduate student in the universitys intimate, competitive neuroscience program before dropping out without explanation three days after taking a year-end final, university officials have said.
The university has refused to disclose more about Holmes, citing the judges gag order.